Federal Court of Australia
' CATCHWORDS
Neglient misrepresentation - failure to correct representation which was true when made but became untrue - representation
which was not the sole inducement to the representee.
Pleading - failure by party to apply for striking out of defective pleading - whether point not pleaded or argued at
first instance should be entertained on appeal.
Contract - collateral warranty - representation held not have
promissory effect.
DOMINIQUE STRAUSS and MICHAEL GOTOVAC
Ve
CANBERRA COMMERCIAL DEVELOPMENT AUTHORITY
No. A.C.T. G73 of 1982 No. A.C.T. G74 of 1982
Coram: Blackburn, McGregor & Neaves JJ.
25 November 1983
Canberra
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% w IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. G73 of 1982
DISTRICT REGISTRY No. G74 of 1982
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: DOMINIQUE STRAUSS and
MICHAEL GOTOVAC
Appellants
AND: CANBERRA COMMERCIAL
DEVELOPMENT AUTHORITY
Respondent
ORDER
Judges Making Order: Blackburn, McGregor & Neaves JJ. Date of Order: 25 November 1983
Where Made: Canberra
THE COURT ORDERS that:
1. the appeals be dismissed with costs.
~~
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. G73 of 1982
DISTRICT REGISTRY No. G74 of 1982
GENERAL DIVISION
BETWEEN: DOMINIQUE STRAUSS and
MICHAEL GOTOVAC
Appellants
[2 z CANBERRA COMMERCIAL
DEVELOPMENT AUTHORITY
Respondent REASONS FOR JUDGMENT CORAM: Blackburn, McGregor & Neaves JJ. DATE: 25 November 1983. BLACKBURN J. Canberra Commercial Development Authority, in two
actions, sued Mr Gotovac and Mr Strauss respectively for rent and outgoings due under an agreement for lease of a shop in Belconnen Mall. The defendants, by way of defence and of counter-claim, relied inter alia on misrepresentationsS which they claimed had induced them to enter into the agreement. They also alleged that the same misrepresentations had effect by way of collateral contracts. The learned trial judge gave judgment for the plaintiff in each action, dismissing the
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